Judicial Watch announced today that it filed a Freedom of Information Act (FOIA) lawsuit against the Central Intelligence Agency (CIA), the United States Department of Justice and the Department of the Treasury regarding records related to the investigation of retired United States Army Lieutenant General Michel Flynn’s communications with Russian Ambassador Sergey Kislyak (Judicial Watch v. Central Intelligence Agency et al. (No.1:17-cv-00397)). (The National Security Agency refused to confirm or deny the existence of intelligence records about communications between Gen. Flynn and Amb Kislyak.)
Judicial Watch filed the lawsuit after the agencies failed to respond to a January 25, 2017, FOIA request seeking:
Any and all records regarding, concerning, or related to the investigation of retired Gen. Michael Flynn’s communications with Russian Ambassador to the United States Sergey Kislyak between October 1, 2016 and the present.
This request includes, but is not limited to, any and all related warrants, affidavits, declarations, or similar records regarding the aforementioned investigation.
For purposes of clarification, please find enclosed a CNN report regarding the investigation, which cites information that was provided to CNN by members of the Intelligence Community.
In its complaint Judicial Watch asks the court to order the agencies to search for all records responsive to its FOIA requests and demonstrate that they employed reasonable search methods; order the agencies to produce by a specific date all non-exempt records and a Vaughn index of all withheld records; and instruct the agencies to cease withholding all non-exempt records.
On January 23, 2017, CNN reported that the government was investigating Flynn, former national security adviser to President Trump:
The calls were captured by routine US eavesdropping targeting the Russian diplomats, according to the intelligence and law enforcement officials. But the officials said some of the content of the conversation raised enough potential concerns that investigators are still looking into the discussions, amid a broader concern about Russian intelligence-gathering activities in the United States.
The officials all stressed that so far there has been no determination of any wrongdoing.
FBI and intelligence officials briefed members of the Obama White House team before President Barack Obama left office about the Flynn calls to the Russian ambassador, sources said.
“President Trump is on to something. The Obama-connected wiretapping and illegal leaks of classified material concerning President Trump and General Flynn are a scandal,” said Judicial Watch President Tom Fitton. “Judicial Watch aims to get to the truth about these crimes and we hope the Trump administration stands with us in the fight for transparency.”